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2029 RESOLUTION NO 2©Zc A RESOLUTION TO APPROVE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF WEST MEMPHIS AND CRITTENDEN COUNTY, ARKANSAS, TO SHARE EQUALLY IN THE COSTS OF MAINTENANCE , RESTORATION, AND ANY LIABILITY ASSOCIATED WITH THE "MULTI-USE TRAIL" TO BE CONSTRUCTED AND MAINTAINED PURSUANT TO AN AIR SPACE PERMIT ISSUED TO THE CITY OF WEST MEMPHIS BY THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT, AND FOR OTHER PURPOSES. WHEREAS, the Arkansas State Highway and Transportation Department proposes to grant to the City of West Memphis, Arkansas, an airspace permit permitting the City to use certain lands owned by the Arkansas State Highway Commission described in the attachments to the proposed permit for the purpose of constructing and assuming maintenance of a"multi-use trail", more particularly described in the attachment to the proposed permit, portions of which lie both within the city limits of the City and outside the city limits in unincorporated Crittenden County, Arkansas; and WHEREAS, the City of West Memphis and Crittenden County have agreed to share equally in the costs of maintaining the "multi-use trail" and the costs of restoration as may be required by the terms of the permit, and to share equally in any liability the City may incur for personal injury, property damage, and attorney's fees arising out of the issuance of the permit to the City, as more fully set out in the Inter-Local Agreement attached hereto; and WHEREAS, the City Council finds that the cooperation between the City of West Memphis and Crittenden County as set out in the Inter-Local Agreement is essential for the completion of the Harahan Bridge Trail Operating Agreement between the Arkansas and Memphis Railway Bridge and Terminal Company and the City of Memphis, Tennessee, and Crittenden County, Arkansas, and it is in the best interests of the City of West Memphis; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT the Inter-Local Agreement between the City of West Memphis and Crittenden County, Arkansas, is hereby approved and the Mayor is hereby authorized to execute said Inter-Local Agreement on behalf of the City of West Memphis and to take any and all other actions as may be necessary or advisable to effectuate the purposes of the agreement. PASSED AND APPROVED this /5' day of July, 2013. WILLIAM H. JOHNSON, YOR ATTEST: PHILLIP ' -r. , CITY CLERK SPONSORED BY: Jul. 12. 2013 12:35PM No, 4938 P. 2 INTER-LOCAL AGREEMENT This Inter-Local Agreement entered into this day of July, 2013 by and between the City of West Memphis, Arkansas (the City) and Crittenden County, Arkansas (the County); and Whereas, the Arkansas State Highway and Transportation Department (Department) proposes to grant the City an airspace permit permitting the City to use certain lands owned by the Arkansas State Highway Commission described in attachments to the proposed permit for the purpose of constructing and assuming maintenance of a "multi-use trail", more particularly described in an attachment to the proposed permit, portions of which lie both within the city limit of the City and outside the city limits in unincorporated Crittenden County, Arkansas; and Whereas, the cost of the construction of the "multi-use trail" is to be paid for with certain federal grant funds but under the proposed permit, the City will be responsible for the cost of maintenance of the "multi-use trail" as well as restoration of the "multi-use trail"to its original condition upon termination of the proposed permit; and Whereas, the issuance of this permit is necessary to the completion of the Harahan • Bridge Trail Operating Agreement between the Arkansas and Memphis Railway Bridge and Terminal Company and the City of Memphis, Tennessee, and Crittenden County, Arkansas; and Whereas, the City is concerned about the potential cost and liability to which it may be exposed should it execute and accept this proposed permit; and Whereas, the County is willing to share in the cost of maintenance during the term of the permit and restoration of the "multi-use trail" in the event of termination of the permit under its proposed terms as well as share in any liability imposed upon the City by virtue of the issuance of the permit to the City so that the Harahan Bridge Trail Operating Agreement Project and the "multi-use trail"can be completed. Now, therefore, be it agreed by and between the City and the County as follows: I. In consideration of the City executing the Airspace Permit with the Department and thereby accepting the conditions and obligations imposed on the City thereby, as more particularly described in the Airspace Permit, attached hereto as Exhibit A, the County agrees: Jul. 12. 2013 12:36PM No. 4938 P. 3 a. to share equally with the City the costs incurred by the City in maintaining the "multi-use trail"described in Exhibit A during the entire term of the permit; b, to share equally with the City the costs of restoration of the "multi-use trail" as may be required by the terms of the permit upon termination of the permit; and c. to reimburse the City for one half(1/2) of any damages for any liability it incurs for personal injury, property damage, and attorney's fees arising out of the issuance of the permit to the City. 2, Each party hereto shall reasonably utilize any equipment and manpower it has at its disposal to maintain the "multi-use trail" during the term of the permit so as to reduce to the extent reasonably feasible any "out of pocket" costs to either party for maintenance of the"multi-use trail." 3. Each party hereto shall reasonably utilize any equipment and manpower it has at its disposal to restore the"multi-use trail"to its original condition, if required by the Department upon termination of the permit so as to reduce to the extent reasonably feasible any "out of pocket costs"to either party, 4. This Agreement shall be construed in accordance with the laws of Arkansas. 5. This Agreement contains all the terms of this Agreement and is not subject to modification except in writing executed by persons authorized to sign in behalf of the respective parties. In witness whereof, this Agreement has been executed in duplicate originals the date and year above written. Attest: - City of West Memphis,Arkansas City Clerk Mayor Attest; Crittenden County, Arkansas By: By: County Clerk County Judge CERTIFICATE, STATE OF ARKANSAS (SS COUNTY OF CRITTENDEN) The undersigned, City Clerk of the City of West Memphis, Arkansas, hereby certifies that the above and foregoing is a true and complete and correct copy of Resolution Number 2029: A Resolution to approve an Interlocal Agreement between the City of West Memphis and Crittenden County, Arkansas, to share equally in the costs of maintenance, restoration, and any liability associated with the "Multi-Use Trail" to be constructed and maintained pursuant to an Air Space Permit issued to the City of West Memphis by the Arkansas State Highway and Transportation Department, and for other purposes. IN WITNESS WHEREOF, I have hereunto set my hand as City Clerk of the City of West Memphis, Arkansas, and the Official Seal of said City, on this 15th day of July, 2013. .r�Ir ITY � CITY OF WEST MEMPHIS CRITTENDEN COUNTY, ARKANSAS